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HomeMy Public PortalAboutM2007-08-21-CCLYNWOOD CITY COUNCIL REGULAR MEETING August 21, 2007 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:00 p.m. Mayor Byrd presiding. Council Members Johnson, Pedroza, Santillan, Vasquez, and Byrd were present. Also present were City Manager Haley, City Attorney Willoughby, City Clerk Hooper, and City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS ,(Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS Nancy Landa, a field representative from Hector De La Torres' office, introduced herself to Council and stated that she was looking forward to working with the City and the residents of the community. Clifton Kegler stated that he was disappointed with a mailer that he received implicating certain Council Members of wrong doing. He stated, "We are innocent until proven guilty". Rebecca Wells thanked Deborah Jackson because she was instrumental in the removal of a tree from blocking Wright road. Item #11 -APPROVAL OF PARCEL MAP NO. 65655- She stated that the map was missing from the agenda. Item #12 CONTRACT AMENDMENT FOR LPA, INC. HAM. PARK REPLACEMENT PROJECT, PROJECT 5-5295 -She wanted to know what the actual cost would be for the project. What .amount of county funding would the City loose, if the City waits and does not pay the $43,405.00. Item #14 -ADOPTION OF MASTER TEMPLATE ,ENTITLED, "CONTRACT DOCUMENTS" -She approved of the updated language for this item. Paulette Bradley stated that she enjoyed the Summer Concerts and the food that was served at the last concert. She was happy that her curb was painted. Rod White stated that he received a negative mailer regarding two Council Members. He stated, "In America you are innocent until proven guilty". Kale Fretholrn stated that he was still interested in providing Bingo Night. He would like to start with a six month ,lease on the property for Bingo Night. Maria Garcia tated that a representative from the Chamber of Commerce will ~ update the City once a month on the activities of the Chamber. She is in the ~~ process of providing members of the Chamber of Commerce with Identification Cards. Mr. Guzman stated that the Chamber of Commerce should be audited. The Chamber is not reaching all business owners. Fernando Pedroza commented in response to a mailer that was received by Lynwood residents. He stated that the mailer was spreading falsehoods. Leticia Vasquez stated that recall elections are very costly to the community and sometimes recalls can be used as leverage in power plays. Mayor Byrd stated that we can achieve more as a team. The City is in dire straits. It acquires only 3 million dollars in sales tax. The utility users tax was defeated on the ballot which was a set back to the City. Fernando Pedroza stated that there was a small white flyer which was distributed to Lynwood residents that promoted lies. The flyer stated that eminent domain would be enforced and that four schools would be destroyed and residents would have to bus their children to Compton. Alfreddie Johnson stated that He was elected by the people to do what is right. Council is mandated by the state to serve the people. He wants to do what is best for the City. Maria Santillan stated that it is time to continue on with the agenda. SUBSEQUENT NEED ITEM It was moved by Council Member Vasquez, seconded by Council Member Santillan, to add an item regarding Conference with Labor Negotiators pursuant to Government Code 54957.6 to the agenda as a closed session item. This subsequent need item came to the attention of the Council after the agenda had been posted and there is a need for immediate action. The subsequent need item was numbered as a closed session item 18C. ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: PEDROZA PUBLIC HEARING Item #7 PUBLIC HEARING ON THE LYNWOOD PARKING & BUSINESS IMPROVEMENT DISTRICT (PBID) AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2007-2008 It was moved by Mayor Byrd, seconded by Council Member Vasquez, and carried to open the public hearing. Roger Haley introduced this item regarding a 50 percent surcharge to be collected from business owners along with the annual business license fee. Maria Garcia asked Council to support option number two. Ivan Crosby stated that he would like to see clarification on the resolution regarding what percentage of the resolution is going to the Chamber of Commerce. Amanda, from Adelante, stated that she supports item number seven. She is in favor of a resource center. Debbie Han, the program director of the Good Hands Organization, represents the Korean business owners. She supports the Chamber of Commerce and item number seven. Rebecca Wells stated that the Chamber has not been profitable for local businesses''in the past. She does not agree with the additional funding requested by the Chamber of Commerce. Miriam Carranza, the Vice President of the Lynwood Chamber of Commerce, stated that she wanted clarification on the 50 percent surcharge for business owners. She wanted to know if the 50 percent surcharge was going to the Chamber of Commerce. Amaro Romero, a member of the Latino Chamber of Commerce, was not in agreement with the 50 percent surcharge for business owners. Mr. Guzman, the President of the Latino Chamber of Commerce, stated that the Latino Chamber of Commerce supports small businesses but the Lynwood Chamber of Commerce has not done so in the past. It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Pedroza, and carried to close the public hearing. Roger Haley,- the City Manager, stated that Council has two options to choose from. • Option 1 -Approve the PBID Advisory Board recommendation via the adoption of the attached resolution. • Option 2 -Modify the PBID Advisory Board recommendation to provide the Chamber with funding for their additional programs. The Mayor stated that ordinance number 1262 was passed in 1985 but it was not enforced. He moved to support the Chamber for two additional years at $180,000 per year. Autra Adams clarified that the Chamber of Commerce is requesting an additional $144,323 dollars in addition to the $95,000 that was paid to them for this year. Council Member Santillan was against asking the businesses to pay an additional 50 percent and giving it to the Chamber of Commerce. She stated that the Chamber of Commerce is a non profit organization. Council Member Johnson stated that the Chamber of Commerce has been paid for this year; therefore, apply the 50 percent increase to the following year. After discussion, it was moved by Mayor Pro Tem Pedroza, seconded by Council Member Santillan to pull the item for further research. Item #17 REQUEST BY PLAZA MEXICO TO HOST EXPO MEXICO 2007 Perry Brents introduced this item. Hugo Enciso introduced himself as an employee of KAZA Azteca America. Through this exposition, he would like to highlight Mexican Culture by way of music, entertainment, food, archeology, tourism and workshops. World heritage sites and arts & crafts will be showcased. Four enclosed pavilions will be constructed regarding different themes. This event will be advertised through, media, radio, publications and billboards. They will also broadcast live from the Exposition. He requested the approval for the festival and Council's monetary support. Maria Garcia!'requested afee waver for this event. She requested to have the City wave the total fees for the security requirements or wave the 50% of security fees. Council Member Johnson asked if this project will be able generate enough revenue to cover itself or will the City always have to supplement such projects. Council Member Vasquez would like to approve the concept and allow Azteca America to raise money for the exposition through sponsorship and other venues. After discussion, it was moved by Council Member Pedroza, seconded by Council Member Vasquez to waive the fee of $7,750.00 along with waiving the fees for the waste collection containers, banner and trolley service fees. ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON,, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #8 PUBLIC HEARING ON THE FY 2007-2008 PROPOSED FEE REVISIONS /MASTER FEE SCHEDULE It was moved by Council Member Johnson, seconded by Mayor Pro Tem Pedroza, and carried to open the public hearing. City Manager, Roger Haley, introduced this item regarding the Master Fee Schedule It was moved by Council Member Johnson, seconded by Mayor Byrd, and carried to close the public hearing. After discussion, it was moved by Council Member Johnson, seconded by Mayor Pro Tem Pedroza to adopt the resolution. RESOLUTION NO. 2007.125 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF CITY OF LYNWOOD APPROVING THE PROPOSED FEE REVISIONS AND ADOPTING THE FY 2007-2008 MASTER FEE SCHEDULE." ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9 CONGESTION MANAGEMENT PROGRAM (CMP), FY 2006-2007 It was moved by Council Member Johnson, seconded by Mayor Pro Tem Pedroza, and carried to open the public hearing. It was moved by Council Member Santillan, seconded by Council Member Johnson, and carried to close the public hearing. After discussion, it was moved by Council Member .Johnson, seconded by Council Member Santillan to adopt the resolution. RESOLUTION NO. 2007.126 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CITY'S CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089, ET SEQ". _i ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. Council Member Santillan pulled item #12 -CONTRACT AMENDMENT FOR LPA, INC. HAM PARK REPLACEMENT PROJECT, PROJECT 5-5295 Council Member Johnson pulled item #13 -CONTRACT AMENDMENT FOR DMR TEAM INC. ABBOTT ROAD IMPROVEMENT PROJECT, PROJECT 5-5269 It was moved by Council Member Johnson, seconded by Council Member Santillan, to adopt the Resolutions. Item #10 APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2007.127 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #11 APPROVAL OF PARCEL MAP NO. 65655 RESOLUTION NO. 2007.128 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING PARCEL MAP NO. 65655." Item #14 ADOPTION OF MASTER TEMPLATE ENTITLED, "CONTRACT DOCUMENTS" RESOLUTION NO. 2007.129 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE MASTER TEMPLATE ENTITLED, `CONTRACT DOCUMENTS', FOR USE ON PUBLIC WORKS CONSTRUCTION CONTRACTS WITHIN PUBLIC RIGHTS-OF-WAY AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO UPDATE THE MASTER TEMPLATE FROM TIME-TO-TIME AS NEEDED". Item #15 INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY RESOLUTION NO. 2007.130 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPOINTING A REPRESENTATIVE AND AN ALTERNATE AND SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE GOVERNING BOARD OF THE INDEPENDENT: CITIES. RISK MANAGEMENT AUTHORITY (ICRMA)". ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #12 CONTRACT AMENDMENT FOR LPA, INC. HAM PARK REPLACEMENT PROJECT, PROJECT 5-5295 This item was pulled by Council Member Santillan. She wanted to know the amount of money the County of Los Angeles was going to give the City. RESOLUTION NO. 2007.131 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE SERVICE CONTRACT AGREEMENT WITH LPA, INC. FOR THE HAM PARK REPLACEMENT PROJECT, PROJECT 5-5295, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER". After discussion, it was moved by Mayor Byrd, seconded by Council Member Santillan to approve the resolution. ROLL CALL: AYES: .COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #13 CONTRACT AMENDMENT FOR DMR TEAM INC. ABBOTT ROAD IMPROVEMENT PROJECT, PROJECT 5-5269 This item was pulled by Council Member Johnson. He wanted to know why this project was brought back a year later. Mr. Ojeda stated that this improvement project was placed on hold because some of the residents did not want to have medians placed on City streets. This item was brought back because public works did not want to loose their Federal Funding. This project will be used for street reconstruction instead of median placement. RESOLUTION NO. 2007.132 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNINOOD APPROVING AN AMENDMENT TO THE SERVICE,CONTRACT AGREEMENT WITH DMR TEAM, INC. FOR THE ABBOTT ROAD IMPROVEMENT PROJECT, PROJECT 5-5269, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND TRANSFER". After discussion, it was moved by Council Member Johnson, seconded by Mayor Pro Tem Pedroza to approve the resolution. ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEMS Item #16 ADOPT RESOLUTION REGARDING IMPLEMENTATION AGREEMENT BY AND BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF LYNWOOD Council Member Pedroza, the delegate for Gateway Cities, stated that Gateway Cities is requesting the City of Lynwood to enter into an MOU with Gateway Cities and to have the City assign a person on the EIR/EIS. The committee will study the environmental impact of the proposed expansion of the 710 Freeway. Council Member Pedroza volunteered to be apart of the committee along with Mr. Daniel Ojeda, who was appointed to the committee. After discussion, it was moved by Council Member Johnson, seconded by Council Member Santillan to approve the resolution. RESOLUTION NO. 2007.133 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE IMPLEMENTATION AGREEMENT BY AND BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF LYNWOOD, APPOINTING ONE COUNCILMEMBER TO SERVE ON THE I-710 EIR/EIS PROJECT COMMITTEE AND AUTHORIZING THE CITY MANAGER TO APPOINT ONE STAFF MEMBER TO SERVE ON THE I-710 EIR/EIS TECHNICAL ADVISORY COMMITTEE. ROLL CALL: AYES: `COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE CLOSED SESSION 18. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: 1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: Two (2) Cases B. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subdivision (a) of section 54956.9:) 1. Name of Case: Esmeralda Duarte v. City of Lynwood Claim No. 02-0031 SUBSEQUENT NEED ITEM With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: 18C CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Roger L. Haley -Chief Negotiator . Alfredo J. Lopez, III -Alternate Employee Organization: Lynwood Management Employee Association It was moved by Council Member Johnson, seconded by Council Member Santillan, and carried to recess to closed session at 8:00 p.m. Council reconvened at 9:15 p.m. City Attorney Willoughby stated that the Council met on the aforementioned. matters and with respect to the following: 18. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: 1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED ~, LITIGATION ~ ~ ~..~.I Initiation of litigation pursuant to subdivision (c) of Section 54956.9:. Two (2) Cases case one: After discussion further direction was given to staff. case two: After discussion further direction was given to staff. B. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subdivision (a) of section 54956.9:) 1. Name of Case: Esmeralda Duarte v. City of Lynwood Claim No. 02-0031 After discussion, further direction was given to staff for resolution of the mater SUBSEQUENT NEED ITEM With respect to every item of business to be discussed. in closed session pursuant to Section 54957.6: 18C CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Roger L. Haley -Chief Negotiator Alfredo. J. Lopez, III -Alternate Employee Organization: Lynwood Management Employee Association After discussion, further direction was given to staff for resolution of the matter. ADJOURNMENT Having no further discussion, it was moved by Council Member Santillan, seconded by Mayor Byrd, and carried to adjourn -the regular Lynwood City Council meeting at 9:18 p.m. Louis Byrd, Mai r Andrea L. Hooper, City Clerk